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STATE v. MARKOWSKI

No. 20183.

967 P.2d 674 (1998)

88 Hawai`i 477

STATE of Hawai`i, Plaintiff-Appellant, v. Darick MARKOWSKI, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

September 14, 1998.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief for plaintiff-appellant.

Rose Anne Fletcher, Deputy Public Defender, on the brief, Kaneohe, for defendant-appellee.

BURNS, C.J., and WATANABE and ACOBA, JJ.

ACOBA, J.

We hold that the judgment of acquittal entered by the first circuit court (the court) on three counts of terroristic threatening in the first degree, Hawai`i Revised Statutes (HRS) § 707-716(1)(d) (1993), in a complaint filed against Defendant-Appellee Darick R. Markowski (Defendant), did not actually resolve some or all of the factual elements of the counts affected, and, therefore, was not a true acquittal. Thus, Plaintiff-Appellant State of Hawai...

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